Colorado

Implied Consent Laws

Drugs

CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g))- Learn More

Blood

CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More

Urine

CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More

Oral Fluids

CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More

Other

CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More

DUI Statutes

Drugs

CRS 42-4-1301(1)(a) - Learn More
CRS 42-4-1301(1)(f) - Learn More
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.
"Driving under the influence" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle
A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and drugs, commits driving while ability impaired.
“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able that the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Combined/Multiple Substance

CRS 42-4-1301(1)(a) - Learn More
CRS 42-4-1301(1)(f) - Learn More
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.
“Driving under the influence" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle
A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and drugs, commits driving while ability impaired.
“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able that the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

CRS 42-4-1301.1 - Learn More
Basis for revocation of a driver license

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
If a person refuses to take or to complete any test or tests and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial. CRS 42-4-1301(6)(a)(III)(d)

Criminal Trial

Yes
If a person refuses to take or to complete any test or tests and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial. CRS 42-4-1301(6)(a)(III)(d)

ALR Laws

Cannabis

CRS 42-2-125 Learn More
Been convicted of driving a motor vehicle while under the influence of a controlled substance, as defined in section
CRS 18-18-102 (5) - Learn More which includes THC

Length/Time of Restriction

Minimums:
DWAI – No license suspension
First DUI – 9 months

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

No IIL for cannabis found. The court may mandate an ignition interlock device as a condition of probation after a second or third DUI or DWAI offense.

Other Drugs

No Data Available
No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

CRS 18-13-122 - Learn More
Minor in Possession law prohibits persons under 21 from possessing or consuming alcohol, marijuana, or using marijuana paraphernalia. MIP carries no jail. Instead, the judge may impose fines, public service, or substance abuse assessment and treatment. Defendants can get MIP charges dismissed by completing a diversion program or entering a deferred judgment.

Cannabis Per Se Statute

No Data Available

Threshold

5 ng/ml

Nanogram Limit

5 ng/ml

DUI Standards

 Permissible inference law states that if THC is present in blood at levels of 5 ng/ml or higher, the court may infer the driver is under the influence. Permissible inference laws differ from per se laws in that the prosecution must still prove that the driver was incapable of safe driving. The permissible inference simply makes the prosecution’s case easier to make.

Provisions for Screening Cannabis/Assessment/Education/Treatment

CRS 18-13-122 - Learn More
Colorado Revised Statutes Title 18. Criminal Code § 18-13-122. Illegal possession or consumption of ethyl alcohol or marijuana by an underage person--illegal possession of marijuana paraphernalia by an underage person--definitions--adolescent substance abuse prevention and treatment fund--legislative declaration

Additional Penalties

CRS 18-18-406.3 - Learn More
Medical use of marijuana by persons with debilitating medical conditions.

Cannabis Impaired Driving Penalties

CRS 42-4-1307(3)(a)
Imprisonment in the county jail for at least five days but no more than one year; a fine of at least $600 but no more than $1,000; at least 48 hours but no more than 96 hours of public service if the person is convicted of DUI.
CRS 42-4-1307(4) - Learn More
Generally applied under first offense DWAI – which includes imprisonment in the county jail for a mandatory minimum of two days but no more than one hundred eighty days; fine of at least two hundred dollars but no more than five hundred dollars; at least twenty-four hours but no more than forty-eight hours of useful public service; the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law. This offense means driving a motor vehicle when a person has consumed alcohol, one or more drugs, or a combination of both, that affects the person to the slightest degree which fails to meet the level for DUI impairment.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes, they are identical. However, most convictions for impaired driving when tetrahydrocannabinol is the only impairing drug present are convictions for DWAI (72% in 2019). Most convictions for impaired driving when alcohol is the only impairing drug present are convictions for DUI (55% in 2019). Criminal penalties for the first DWAI offense are lower than criminal penalties for the first DUI offense. Administrative penalties are lower for DWAI than for DUI.

Are Combined Substances Mentioned in DUI Statute?

Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

Penalty same for alcohol.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

You may be charged with negligent child abuse in addition to the DUI penalties.

Statutes with THC Listed as Delta 8, 9, 10, or 11

CO Rev Stat § 27-80-203 (24)(2017) Learn More
Tetrahydrocannabinols include synthetic equivalents, synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.

Electronic Warrant Program

Statewide

No

By Locality

Larimer County

Law Enforcement Phlebotomy Program

no

Oral Fluid

For Drug Detection

Permitted per CRS 42-4-1301.1 but not enabled per CRS 42-4-1307

Roadside - Not Evidential

Permitted per CRS 42-4-1301.1 but not enabled per CRS 42-4-1307

Evidential

Permitted per CRS 42-4-1301.1 but not enabled per CRS 42-4-1307

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21

Underage Cannabis Laws and Penalties

Underage Possession

CRS 18-13-122 - Learn More
Unclassified Petty Offense - Upon conviction of a first offense, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the office of behavioral health in the department of human services, or both.

Underage Consumption

CRS 18-13-122 - Learn More
Unclassified Petty Offense - Upon conviction of a first offense, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the office of behavioral health in the department of human services, or both.

Underage Purchase

CRS 18-13-122 - Learn More
Minor in Possession Statute

Underage Attempt to Purchase

CRS 18-13-122 - Learn More
Minor in Possession Statute

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

For those patients ages 18 to 20 seeking a first-time recommendation, the law requires two physicians from two different medical practices … to diagnose the patient as having a debilitating or disabling medical condition after an in-person consultation."
It also limits the amount of medical marijuana concentrates that a patient may legally purchase in one day to 8 grams for adults or 2 grams for those ages 18 to 20. In order to ensure compliance with these new daily limits, the state will establish and institute a new tracking system to monitor medical cannabis purchases. These changes on purchase limits also go into effect on January 1, 2022.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

CRS 18-13-122 - Learn More
Colorado Revised Statutes Title 18. Criminal Code § 18-13-122. Illegal possession or consumption of ethyl alcohol or marijuana by an underage person--illegal possession of marijuana paraphernalia by an underage person--definitions--adolescent substance abuse prevention and treatment fund--legislative declaration

Social Host Laws

Cannabis

 No Data Available for the state but several municipalities have social host ordinances, including Craig, Crested Butte, Gunnison, Fort Collins and Steamboat Springs.

Drugs

 No Data Available for the state but several municipalities have social host ordinances, including Craig, Crested Butte, Gunnison, Fort Collins and Steamboat Springs.

Penalties for Retailers Who Knowingly Sell to People Under 21

The sale, transfer, or dispensing of not more than 1 ounce of marijuana to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.
The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.
The sale, transfer, or dispensing of more than 6 ounces, but not more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.
The sale, transfer, or dispensing of more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

Other

No Data Available